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The Relevance of International Trainings and Conferences on Non-Intrusive Inspection of Containerized Cargoes in the Development of a World-Class Customs X-ray Facility

by Renato Palgan

I have attended a number of International trainings and conferences on non-intrusive inspection of containerized cargoes sponsored by international organizations as a representative of the Bureau of Customs. In order to share the significant ideas brought out during these international gatherings, I would try to digest and summarize the relevance of non-intrusive inspection towards the creation of a World-Class Customs Container X-ray Facility.

A.     Advance Detection Equipment Training in Mumbai, India

This International Atomic Energy Agency (IAEA) sponsored training has prescribed the ideas of setting-up of Front Line Officers (FLO) and Mobile Expert Support Team (MEST) in the country’s port of entry, which will act as preventive and advisory teams, respectively, regarding nuclear and radioactive materials.

As Front Line Officers, they are responsible for verifying the cargo, assessing the hazard and deciding the required response. It is also their duty to request for specialized technical assistance from MEST if the situation so requires. And as for the MEST, aside from providing on-site support to the FLOs, they are going to confirm the findings and to categorize the items found. They will also provide the forensic evidence management for future legal proceedings that may be instituted against the importer of radioactive materials. In addition to these concepts of FLO and MEST, state-of-the-art hand-held equipments for the detection of radioactive materials were also introduced. These equipments included portable high resolution gamma spectrometer, calibrated dose rate meter, calibrated neutron dose rate meters, kits for sample taking, isotope identifier and the GPS communication equipment.  Also, gamma rays, x-rays and portable monitors were recommended as the primary mechanism in non-intrusive inspection of container cargo as being used in all major ports around the world today.

The importance of all these equipments to the X-ray Inspection Project of the Bureau of Customs cannot be underestimated, especially in the identification of radioactive materials found inside the container van during the conduct of x-ray inspection.  The built-in Radioactive Monitoring System (RMS) of the x-ray scanners has no identification mechanism of the radioactive substance, and the use of hand-held equipments through manual scanning by the x-ray operatives, who perform the work of FLOs, is necessary. We do not have these kind of hand- held equipments in the X-ray Inspection Project as of this moment, and that’s the reason why we ask for assistance from the experts of Philippine Nuclear Research Institute, who perform the role of MEST, to provide us some of these equipments to make us at par with the rest of the modern Customs administrations.

B.       International Conference on Illicit Nuclear Trafficking in Edinburgh, United Kingdom

This 5-day conference was organized by the International Atomic Energy Agency (IAEA), in cooperation with, among others, the World Customs Organization (WCO). Best country experiences among Customs administrations  in the prevention of trafficking of nuclear and radioactive materials were presented based on the following area of concerns:  international instruments and their implementation, international initiatives and national efforts to establish capabilities, establishing capabilities to detect illicit trafficking, response to the detection of criminal or unauthorized movement of radioactive materials, new technologies in detection, and a host of other topics. The conference also addressed the issues that confronted the member- nations of IAEA and WCO and concluded with non-binding resolutions on how to stop trafficking after the end of the conference.

        Among the more than fifty country-papers that were presented, the topic on Megaports as experienced by Belgian Customs made me pondered for quite some time because their operational procedures in the detection of radioactive materials are similar to our own experience in the X-ray Inspection Project. The Belgian Customs make use of the portal monitors of the Megaport Initiative and the x-ray scanner to prevent nuclear smuggling on sea containers. And just like the Port of Manila and the MICP, the Port of Antwerp of Belgium, which is the world’s third biggest port, the container traffic is permanently inspected with radiation portals. If and when there is an alarm on radiation portals, secondary inspections are made by the x-ray scanner to identify the presence of naturally occurring radioactive materials (NORM), contaminated materials, radioactive sources or nuclear smuggling. The x-ray scanner allows the comparison between the radiation alarm profile and the contents of the container. In almost all cases, alarms could be sufficiently explained using this technique. For example, if the container causes an alarm on a radiation portal and this is due to the presence of ceramics (NORM), the scan image using the x-ray scanner can clearly show this on the monitor. Moreover, Belgian Customs make use also of hand-held detection equipments to identify the radioactive materials found. Although these equipments are sparingly used in the course of their Customs work, the measurements of these equipments are still needed to make the exact identification of radioactive materials and the level of hazards they pose to Customs personnel. Comparing with the practice of the X-ray Inspection Project, perhaps the only difference in our technique is the absence on our part of the hand-held equipments in the identification of radioactive materials. Most of the time, whenever we have an alarm in the  RMS of our x-ray scanners, of which we could not identify, we refer the shipments to the Environmental Protection Unit (EPU) of the ESS for clearance or secondary  inspection because it has the technical capability to perform the work. With this, a strong working relationship with the EPU and the PNRI is required to avoid delay in the processing of shipments containing radioactive substance.

C.      X-ray Image Analysis Workshop in Melbourne, Australia

Another important international training was the one held recently in Melbourne, Australia. Sponsored by the World Customs Organization and the Australian Customs, this training was the first of its kind that deals directly on the best practices in the use of x-ray scanners in container cargo inspection from among the countries In the Asia Pacific Region.

The Philippine delegation in the workshop was headed by X-ray Inspection Project Head, Atty. Ma. Lourdes V. Mangaoang, together with Field Officers Pedro Gutierrez and Jim Regis, X-ray Inspector John Mar Morales and this author. The Philippine experience was presented by me and Mr. Morales. An interesting observation during the workshop was that almost all participating countries use x-ray scanners in container cargo inspection and majority of them acquired their x-ray machines from Nuctech Company in China, which the Bureau of Customs had also purchased its machines through a bilateral loan agreement with the Chinese government.

The workshop concluded with some of the following important findings and recommendations:

a.)    The  risk  management for the targeting of cargo is an essential part of an effective non- intrusive inspection regime;

b.)    That participating countries are using risk-based approaches for their inspection arrangement;

c.)     That there is a need to assist  with the creation of image libraries and facilitating the better sharing of information on findings and non- intrusive inspection images and that the World Customs Organization shall facilitate these arrangements;

d.)    That the Australian Customs is presently researching the selection and training of staff for container x-ray Image analysis and is prepared to share this information with other WCO members when it is finalized; and,

e.)    That there was considerable benefit in the sharing of information among countries and encourages the WCO to consider conducting similar workshops on an ongoing basis.

By and large, all these trainings and conference that the X-ray Inspection Project has the privilege to participate in only show the importance of non-intrusive inspection on container cargoes nowadays, the shifting of focus from manual inspection to the use of state-of-the-art technology, and the continuing reexaminations of the role of Customs administration worldwide to enhance their capabilities to detect smuggling and all forms of fraud inside the container shipments. And the acquisition of the Bureau of Customs of x-ray scanners is in the right direction to be at par with the rest of modern Customs administrations.  

3 XIP Execs attend Radiation Safety Seminar in U.S.

            Three X-ray Inspection Project (XIP) officers, headed by XIP Head Atty. Ma. Louredes V. Mangaoang, had recently attended the International Conference on Late Health Effects of Ionizing Radiation: Bridging the Experimental and Epidemiologic Divide, on May 4-6, 2009, held in Washington, DC, USA, sponsored by, among others, the U.S. Environmental Protection Agency and the Georgetown University. The other Customs participants include POM Field Officer and BOC Radiation Safety Officer Renato D. Palgan and Port of Cebu Radiation Safety Officer Laurentino Villamar, Jr.

            The multi-disciplinary three-day conference, which aims to stimulate collaboration and synergistic interactions among the participants, focuses on emerging data and new challenges in radiation sciences. The topics of discussion range from experimental biology to epidemiologic studies of radiation-exposed populations. Two poster sessions were also held in the first and second days of the conference.

            It may be recalled that the Bureau of Customs has thirty units of container x-ray machines that use linear accelerator-sourced of radiation in screening containerized cargoes, and the proper practices and application of these machines is one of the primary concerns of the XIP for the protection of its personnel and the general public. And the establishments, development and implementation of its radiation protection program is regulated by the Department of Health.

This is Our Story (Part 2)

 Today, the Interim Scanning Unit is best remembered as one of the longest transitory units in the customs history.  It existed for more than a decade and was abolished only with the issuance of Customs Memorandum Order No. 5-2009 on February 4, 2009, long after the advent of the Non-Intrusive Container Inspection System Project of the Bureau of Customs (NCISP) in 2007.

E. The Non-Intrusive Container Inspection System Project (NCISP)

             On January 30, 2002, Commissioner Titus Villanueva, with the approval of Finance Secretary Isidro Camacho, issued Customs Administrative Order No. 1-2002, which provides for the use of x-ray machine as an alternative to actual physical examination to speed up the examination of shipments and the movement of cargoes in the Bureau of Customs. As pointed out under the provisions of this customs issuance, the use of x-ray machine in cargo examination is meant to promote global competitiveness of the country by using modern technology in the examination of cargoes as well as to enhance the enforcement capabilities and collection efforts of the Bureau. Moreover, this order recognizes the need of containerized x-ray machine to handle the examination and lists down the system specifications of the equipment that the Bureau should acquire.

               In May 2006, after almost four years since the issuance of Customs Administrative Order No. 1-2002, the Bureau of Customs, in coordination with the National Economic Development Authority and National Development Company, finally implemented this policy with the signing of a concessional loan agreement  with the Peoples Republic of China, through a government to government transaction, to acquire ten  x-ray scanners from Nuctech Company, the recommended supplier by the Chinese Government and one of the  leading manufacturers of container x-ray scanner in the world, under its Non-Intrusive Container Inspection System Project (NCISP) and, on the following year, it acquired another twenty x-ray scanners as part of the Phase II of the Project.

               Phase I involves the deployment of ten units of x-ray scanners in the major Customs collection districts, while Phase II engages the placement of additional x-ray scanners in major collection districts as well as in other ports not covered by Phase I of the Project. In all, there are thirty units of x-ray scanners the Bureau had acquired from Nuctech Company and they are distributed according to the volume of container cargo traffic of the port. These are the following recipient ports: Port of Manila, Manila International Container Port, Port of Subic, Port of Clark, Port of Batangas, Port of Cebu, Port of Davao, Port of Cagayan de Oro, Sub-Port of General Santos, Port of Zamboanga.

               When President Gloria Macapagal-Arroyo signed Executive Order No. 592 on December 15, 2006, which imposes the mandatory payment of Container Security Fee in the implementation of the NCSIP, the Bureau issued a memorandum creating an x-ray committee to carry out effectively the mandate of the Project.

F. The X-ray Scanning Commitee

                In consonance with the issuance of an Executive Order, Commissioner Morales issued Customs Special Order No. 1-2007 on January 5, 2007, creating an X-ray Scanning Committee, to ensure the smooth operation of the newly-acquired x-ray equipment. The committee was composed of Atty. Julito Doria as chairman, Atty. Lisa Sebastian-Torres, Engr. Giovanni Imaysay and Capt. Jesus Francisco Gutierrez, as members. As a transitory body, the committee reported directly to the commissioner and supervised the deployment of x-ray scanners at various ports of entry.

            On January 25, 2007, with the issuance of Customs Special Order No. 4-2007, establishing the interim guidelines in x-ray scanning operations, the work of the committee was divided into the following cluster group:

1.      Profiling and Evaluation Sub-Committee. It was tasked to gather data and information from other offices relevant to scanning operation.

2.      Operations and Maintenance Sub-Committee. It was tasked to handle the x-ray scanning inspection of shipments, including the security and safekeeping of x-ray equipment.

3.      Logistics, Support and Administration Sub-Committee. Aside from overseeing the maintenance, procurement and repairs of x-ray scanners, it also served as the secretariat and legal arm of the Project.

               When the X-ray Scanning Committee  was organized, I was assigned by the committee to prepare a radiation safety manual of the Bureau of Customs which is a mandatory requirement by the Department of Health before the x-ray scanners can be issued a license to operate. However, it was not at all an easy task. As the designated Overall Radiation Safety Officer of the Bureau of Customs by the Department of Health, I was also in-charge of the processing of documents for the issuance of license to operate an x-ray facility in different ports where the Bureau planned to deploy x-ray scanner and, thus, required me to be present whenever the Department of Health personnel would conduct radiation dose test inside the x-ray facility. And my learning experiences as I performed my responsibility proved to be helpful as I wrote most of the provisions on the safety rules and regulations of what is now popularly known as the Customs Radiation Safety Manual.     

        

    G. The X-ray Inspection Project

After the provisional committee had been dissolved, Commissioner Napoleon Morales issued Customs Memorandum Order No. 6-2007 on March 28, 2007, which enumerates the operational guidelines in the conduct of x-ray inspection on containerized shipments and establishes  the X-ray Inspection Project (XIP) as a specialized and technical unit that will oversee the administrative and operational control of all the x-ray scanning equipments of the Bureau of Customs, including the x-ray scanners for baggage and loose cargoes which were acquired during the administration of Commissioner Guillermo Parayno. Just like its forerunner units before its creation, the XIP has also been placed under the supervision of the Commissioner of Customs.

                 Based on the aforementioned memorandum, the following shipments may be subjected to x-ray inspection: alerted shipments, shipments that cannot be examined by using regular examination procedures, informal entry shipments, consolidation shipments before delivery to consignee’s warehouse, and export shipments.

               However, the scope and coverage of shipments that may be x-rayed has widened in the succeeding years. On February 20, 2008, Commissioner Napoleon Morales signed yet another memorandum, directing the XIP to scan all PEZA-bound shipments before their release to their consignees located at the export processing zones or special economic zones and, on April 30, 2008, Atty. Ma. Lourdes  Mangaoang, the Head of the XIP, issued a memorandum addressed to all collection districts in the country with available x-ray scanners in their jurisdictions that all containerized refrigerated shipment shall be subjected to x-ray inspection. And to put to an end to illegal exportation or “ghost exportation” as reported in the national media at the time, on July 11, 2008, Commissioner Morales also directed the XIP to scanned export shipments, especially those declared as scrap metals, minerals and ores, as emphasized on unnumbered memorandum dated September 4, 2008.

Another salient feature of Customs Memorandum Order No. 6-2007 is the provision on the creation of a separate X-ray Inspection Service in the future to institutionalize a professional workforce in the field of x-ray inspection. Thus, it revisits and gives importance to the provisions of Customs Memorandum Order No. 30-96 earlier issued in 1996, which   calls for plantilla organization and positions for x-ray Inspectors. With the abolition of the Interim Scanning Unit and transferring its functions to the XIP on February 4, 2009 pursuant to Customs Memorandum Order No. 5-2009, the vision of establishing a separate service for x-ray personnel has become a certainty.

Under Atty. Mangaoang’s leadership, the XIP has a total of 30 x-ray scanners for container van shipments and twelve x-ray scanners for baggage and loose cargoes which are being manned by less than a hundred technically-trained officers and personnel who are assigned at different x-ray field offices nationwide.

In the late part of 2008, the BOCXOA suffered financial trouble as it tried to cope to maintain the financial expenditures of its regular publication, the Scanner. Aside from the financial needs of organizational operations, it had also assist its members who have personal financial problems. With this looming financial problem year after year since its establishment in 2002, the founding members of the organization who were assigned at the Port of Manila X-ray Field Office decided to establish a cooperative to make it a profit-oriented organization to make it fully financially independent.

H. The BOCXOA Multi-Purpose Cooperative

Although the foundation of BOCXOA Multi-Purpose Cooperative seemed to be a simplistic approach in answering their financial problems, the founders of the cooperative felt that with their initial business venture in photocopying they already withstand the birth pains  just like any cooperative beginner has experienced. And as its financial funds had steadily grown, the cooperative started giving out financial loans to its members at negligible interest rates. With its sustainable livelihood programs to give better benefits to its members and to support a wide range of projects, the cooperative is well on its road to employess empowerment and wider involvement in customs community activities.

And as the existence of the X-ray Inspection Project continues to face challenges in the coming years, it remains the responsibility of the present crop of officers and members of both the BOCXOA and the BOCXOA Cooperative to make them a relevant factor like a bond of a rare breed of individuals whose expertise and skills in x-ray inspection is beyond suspicion and doubt by anyone.

This is Our Story (Part 1)

(In connection with the X-ray Inspection Project (XIP) 3^rd Founding Anniversary Celebration on May 31-June 4, 2010, the following is the historical development of XIP based on the personal account of POM X-ray Field Officer Renato D. Palgan)

A. Task Force X-ray

              The historical roots of the X-ray Inspection Project could be traced to the creation of an elite unit called the Task Force X-ray which was organized after Commissioner Guillermo Parayno had accepted a donation of a mobile x-ray van for cargo inspection from the Societe Generale de Surveilance Philippines, Inc. (SGS) to the Bureau of Customs in May 1993. The donated mobile x-ray scanner for baggage and loose cargoes was supplied by the EG & G Incorporated, a U.S. based company involved in the manufacturing of x-ray technology.

             To effectively use the newly-acquired equipment at the Ninoy Aquino International Airport (NAIA), Commissioner Guillermo Parayno organized the Task Force into two teams, namely: Team Alpha and Team Bravo. Both teams were composed mostly of officers and personnel coming from the Enforcement and Security Service (ESS), Customs Intelligence and Investigation Service (CIIS), and the Assessment Division, who were all rendering part-time duties in the Task Force, in addition to their respective regular work assignments at the NAIA Collection District.

             As an ad hoc unit under the direct supervision of the Commissioner of Customs, the Task Force hopes to accomplish the following objectives:

1.      To facilitate the clearance of baggage of arriving passengers, especially those coming from high risk countries;

2.      To detect the entry of guns, drugs, and other anti-social goods; and

3.      To enhance the collection efforts by proper identification of cargoes containing dutiable and taxable items.

            Several months after its creation, the Task Force made significant accomplishments in apprehending prohibited and regulated cargoes. Some of its widely publicized apprehensions in the national media included the discovery of eight kilos of heroin inside the baggage of a certain Suchinda Leangsi on March 13, 1994, who was later on convicted for drug trafficking by the Pasig Regional Trial Court; seizure of  highly-dutiable, assorted jewelry from incoming passenger Cristina Yang on August 21, 1994; and the discovery of five kilos of heroin inside the baggage of a certain Ang Win, a Myanmar national, who was also convicted  for drug trafficking by the Pasig Regional Trial Court.

             Because of these remarkable performances by the Task Force and the effectiveness and efficiency shown by the equipment in detecting contraband items, Commissioner Parayno initiated a move to acquire more state-of-the-art equipment in cargo examination with a long term vision to institutionalize these equipment as part of the Bureau’s organizational and  operational set-up.  He succeeded in getting two more mobile x-ray scanners as a donation from the SGS and ordered five fixed x-ray scanners for baggage and loose cargoes from the Rapiscan Security Products, an American company specializing in x-ray systems, through a World Bank loan. Aside from the NAIA Collection District as a beneficiary,   these machines were also deployed at other major ports of entry in the country, like the Port of Manila, Manila International Container Port and the Port of Cebu. In light of these acquisitions, the foundation of the Customs Modernization Program in cargo examination had been established. Thus, on September 19, 1996, Commissioner Parayno issued Customs Memorandum Order No. 30-96 which calls for the creation of a Customs Scanning Career Service.

B. Special Study Team for the Creation of Customs Scanning Career Service

 To achieve its vision as mentioned in Customs Memorandum Order No. 30-96, it is therefore imperative for the Bureau of Customs to have more than enough well-trained personnel to handle its modern x-ray machines. It is also necessary that there must be plans and programs as well as support systems and infrastructures relative to the strategic environment and issues that a new organization may encounter in the future. Moreover, it has to address the interrelated imperatives that must be accomplished so that it can move from where the Task Force X-ray is right now into its desired future state as a new plantilla organization as a Scanning Service. These were the guiding principles that made Commissioner Parayno to form a Special Study Team in September 1996, composed mainly of representatives from the ESS, CIIS, Assessment Division, and Human Resources Management Division, to prepare a manual for the Customs Scanning Career Service. In January 1997, after several months of consultation and deliberation, the Study Team finished its task and submitted its findings to the customs top officials who were members of the Change Management Group. Among the numerous proposals included in the manual, the creation of a provisional unit to be known as Interim Scanning Unit was recommended to the commissioner while waiting for the approval of the creation of a Scanning Service from other authoritative government agencies. As a result of this recommendation, on February 13, 1997,  Commissioner Parayno issued Customs Memorandum Order No. 6-97, creating the Interim Scanning Unit.

C. The Interim Scanning Unit

As provided for under Customs Memorandum Order No. 6-97, the Interim Scanning Unit was comprised of two components: the closed-circuit television cameras and the x-ray machines. Each component was headed by a project manager who reports directly to the commissioner while their respective personnel complement were a composite membership coming mostly from the ESS, CIIS, and the Assessment Division who had undergone specialized trainings in the use of the equipment.  With the issuance of Customs Memorandum Order 21-98, dated July 15, 1998, which enumerates its operational guidelines, the unit was placed under the Office of the Commissioner.

                 In October 1998, the two components of the Interim Scanning Unit were merged under the leadership of then Col. Jose N. Yuchongco and, from then on, it became popularly known as the Customs Scanning Unit, albeit in the absence of a formal Customs issuance creating the same

                All throughout its more than a decade of existence as an interim or provisional unit, with over five different customs officials leading the organization, the Scanning Unit had encountered some problems and setbacks which were never expected by its officers and members. In July 2004, for instance, the control and supervision of the unit became a focal point of controversy when Commissioner George Jereos issued Customs Memorandum Order No. 21-2004, transferring the Scanning Unit to the ESS, perhaps overlooking the fact that the unit is a composite membership from various divisions and services in the Bureau when it was created in 1997. Besides, there was an existing Presidential Memorandum on September 14, 1998 signed by President Joseph Estrada placing the Scanning Unit under the Deputy Commissioner for  Intelligence and Enforcement Group during the time of Commissioner Nelson Tan, who subsequently  issued Customs Memorandum Order No. 19-99, dated October 22, 1999, in compliance with the said Presidential Memorandum.

            Aside from the organizational quandary, some x-ray operatives, who were in the frontline manning the x-ray machines, were affected by the constant change of leadership and suffered the fate of returning back to their mother units and subsequently replaced with personnel who had no trainings on how to handle the equipment. It was then against this context that some x-ray operatives assigned at the Manila International Container Port and the Port of Manila decided to take the initiative to marshall all the trained and skilled x-ray operators all over the country into an organization with a common cause that would professionalize their ranks and not just a dumping ground of customs personnel who have influential connections with the customs top echelon. Thus, sometime in October 2002, the Bureau of Customs X-ray Operators Association (BOCXOA) was conceived and formed by ten brave souls who aspired for professionalism in the scanning unit and resolved to become a relevant force concerning x-ray operators welfare.

D. The Bureau of Customs X-ray Operators Association (BOCXOA)

            Shortly after the drafting of its Constitution of By-laws, the BOCXOA’s founding fathers registered the organization at Security and Exchange Commission, and later on, affiliated it under the umbrella organization of the Bureau of Customs Employees Association (BOCEA). All the BOCXOA’s founding members were organic members of the scanning unit and had undergone trainings in the use of x-ray machine. And the basis of its membership recruitment is solely on the training of an individual on how to operate the equipment.

            One of the defining moments of the organization happened when Col. Jose N. Yuchongco was relieved as head of the Scanning Unit in the early part of 2004.

Amidst the confusion and demoralization among the x-ray personnel over conflicting customs issuances and misunderstandings of some customs top officials, the leadership of the Bureau of Customs X-ray Operators Association decided to take the sentiments of its members by asking for a legal opinion before the Legal Service on September 13, 2004 on the validity of Customs Memorandum Order 21-2004 in relation to an existing Presidential Memorandum. As one of the top ranking officials of the association at that time, I could say with pride that the controversy was one of the momentous event of the association as it exercised its function as a moral guiding force when there was a seemingly break up of authority in the official chain of command due to leadership vacuum. Nevertheless, the issue was resolved by the commissioner according to the best interest and welfare of x-ray personnel who chose to be under the control and supervision of either the Office of the Commissioner or the Deputy Commissioner for Intelligence and Enforcement Group. Although there were several changes in the leadership of the unit as commissioner in the bureau comes and goes, the core of personnel had been set aside in the personnel reorganization because of their technical expertise to handle the machines, unlike in the previous re-organization when the association has never been set up.